A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around October 2017, the Defendant borrowed 45 million Won loan fraud at the office of C2 factory in Seocho-gu, Changwon-si, Seoul Special Metropolitan City. Around October 2017, the Defendant stated that “In order to reduce the interest on loans he/she borrowed from the second financial right, etc. and arranged in a lump sum in his/her name, he/she borrowed from the second financial right, etc., and at the same time, he/she seeks to pay the interest. The guarantor is at the interest rate for the substitute loan. There is a difference between three lending companies (F, G, and H) by arranging in E, to make a substitute loan from three (F, G, and H). There is a difference between the two joint and several sureties. The Defendant made a false statement that “The amount he/she received a substitute loan from E to the new account shall be deposited including the amount of KRW 45 million and the advance payment.”

However, the defendant did not allow the victim to give a guarantee, but applied for a loan of KRW 45 million in the name of the victim, and even if he/she received a loan under the name of the victim, he/she did not have the intention or ability to pay the loan.

Around November 10, 2017, the Defendant, by deceiving the victim, received loans in the name of the victim in total of KRW 45 million, including KRW 10 million from I to KRW 10 million, KRW 10 million from F, and KRW 25 million from H Bank, and acquired pecuniary profits equivalent to that from H Bank.

2. Around December 18, 2017, the Defendant made a false statement that “Around December 18, 2017, the Defendant would be liable for a loan of KRW 65 million to the said office,” and that “A loan of KRW 30 million to another lending company J bank of the other lending company would be repaid KRW 45 million to the lending company of KRW 35 million prior to filing an application for a credit loan of KRW 30 million with the lending company in his/her own name. It would be liable within three months and treat the loan of KRW 65 million.”

However, even if the defendant received a loan under the name of the victim, he did not have the intention or ability to repay the loan.

Around December 18, 2017, the Defendant, by deceiving the victim as such, received a loan from the J bank in total of KRW 65 million, including a loan of KRW 30 million and a loan of KRW 35 million from the J bank.